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Session laws and resolutions passed by the General Assembly [1999;2000]

S.L. 2000-26 [SESSION LAWS
questions, but shall have no additional vote in case of a tie. and shall
not have veto power; and in tiie absence of botii, a chair Pro Tempore
shall be chosen to preside at such meeting, and, when so presiding
he shall have tiie right to vote upon all questions, but shall have no
additional vote in case of a tie. Provided further, however, die Mayor
shall have a vote in die consideration of amendments to zoning
ordinances when said amendments are tiie subject of a valid protest as
defined by G.S. 160A-385. In voting on amendments to zoning
ordinances, tiie Mayor shall be deemed a member of the legislative
body as that term is used in G.S. 160A-385. Provided further,
however, tiie Mayor shall have a vote in the consideration of tiie
employment or dismissal of tfie City Manager, tiie City Attorney and
tiie City Clerk.
"Section 3.24. Powers and Duties of Mayor, (a) The Mayor shall
be ex officio member of all boards or commissions elected or
appointed by tiie Council or tiie Mayor, and he shall serve upon tiie
same in an advisory capacity only and shall not have a vote.
(b) In the absence or incapacity of the Mayor, all his duties,
powers, and obligations shall be vested in tiie Mayor Pro Tempore
"CHAPTER 4.
"ADMINISTRATION.
"ARTICLE I. IN GENERAL.
"Section 4.01 . Form of Goverament. The City shall operate under
the Council-Manager form of government.
"ARTICLE II. City Manager.
"Section 4.02. Appointments by Council. The Council shall
appoint tiie City Manager, City Clerk, and City Attorney, each of
whom shall hold office during the pleasure of the Council.
"Section 4.03. Council-Manager Relationship. The Council shall
hold tiie City Manager responsible for tiie proper management of tiie
affairs of tiie City, and tiie City Manager shall keep tiie Council
informed of tiie conditions and needs of tiie City, and shall make such
reports and recommendations as may be requested by tiie Council or
as tiie City Manager may deem necessary. Neitiier tiie Mayor, tiie
Council nor any member tiiereof shall direct tiie conduct or activities
of any City employee, directiy or indirectiy, except tiirough tiie City
Manager.
"Section 4.04. Acting City Manager. The Council may firom time
to time designate a department head or otiier City employee as acting
City Manager who shall have tiie autiiority, during any absence,
illness, or otiier disability of tiie City Manager, or during any
temporary vacancy in tiie office of tiie City Manager, to exercise tiie
powers and duties of tiie City Manager, except as tiie Council may
otherwise prescribe.
"Section 4.05. Personnel Administration Standards. The Council
shall establish by appropriate ordinances a system of personnel
administration, not inconsistent witii tiie provisions for civil service
hereinafter set forth, governing tiie appointment, promotion, transfer,
106

S.L. 2000-26 [SESSION LAWS
questions, but shall have no additional vote in case of a tie. and shall
not have veto power; and in tiie absence of botii, a chair Pro Tempore
shall be chosen to preside at such meeting, and, when so presiding
he shall have tiie right to vote upon all questions, but shall have no
additional vote in case of a tie. Provided further, however, die Mayor
shall have a vote in die consideration of amendments to zoning
ordinances when said amendments are tiie subject of a valid protest as
defined by G.S. 160A-385. In voting on amendments to zoning
ordinances, tiie Mayor shall be deemed a member of the legislative
body as that term is used in G.S. 160A-385. Provided further,
however, tiie Mayor shall have a vote in the consideration of tiie
employment or dismissal of tfie City Manager, tiie City Attorney and
tiie City Clerk.
"Section 3.24. Powers and Duties of Mayor, (a) The Mayor shall
be ex officio member of all boards or commissions elected or
appointed by tiie Council or tiie Mayor, and he shall serve upon tiie
same in an advisory capacity only and shall not have a vote.
(b) In the absence or incapacity of the Mayor, all his duties,
powers, and obligations shall be vested in tiie Mayor Pro Tempore
"CHAPTER 4.
"ADMINISTRATION.
"ARTICLE I. IN GENERAL.
"Section 4.01 . Form of Goverament. The City shall operate under
the Council-Manager form of government.
"ARTICLE II. City Manager.
"Section 4.02. Appointments by Council. The Council shall
appoint tiie City Manager, City Clerk, and City Attorney, each of
whom shall hold office during the pleasure of the Council.
"Section 4.03. Council-Manager Relationship. The Council shall
hold tiie City Manager responsible for tiie proper management of tiie
affairs of tiie City, and tiie City Manager shall keep tiie Council
informed of tiie conditions and needs of tiie City, and shall make such
reports and recommendations as may be requested by tiie Council or
as tiie City Manager may deem necessary. Neitiier tiie Mayor, tiie
Council nor any member tiiereof shall direct tiie conduct or activities
of any City employee, directiy or indirectiy, except tiirough tiie City
Manager.
"Section 4.04. Acting City Manager. The Council may firom time
to time designate a department head or otiier City employee as acting
City Manager who shall have tiie autiiority, during any absence,
illness, or otiier disability of tiie City Manager, or during any
temporary vacancy in tiie office of tiie City Manager, to exercise tiie
powers and duties of tiie City Manager, except as tiie Council may
otherwise prescribe.
"Section 4.05. Personnel Administration Standards. The Council
shall establish by appropriate ordinances a system of personnel
administration, not inconsistent witii tiie provisions for civil service
hereinafter set forth, governing tiie appointment, promotion, transfer,
106